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Appeals

ADB has a two-stage appeals process that requesters can use if they believe that ADB has denied their request for information in violation of its Access to Information Policy (AIP).

All appeals should contain (i) a description of the information originally requested and (ii) an explanatory statement of the facts and grounds that support the requester’s claim that ADB violated the policy or that the public interest override applies (paragraph 18 of the AIP).

Requesters are notified if the appeal is dismissed (i) for a failure to file within the required time, (ii) for a failure to provide sufficient information that would reasonably support the appeal, or (iii) because the Access to Information Committee (AIC) or the Independent Appeals Panel (IAP) does not have authority to consider the matter being appealed.

First Stage of Appeal: Access to Information Committee

A requester who is denied access to information by ADB may file an appeal with the Access to Information Committee (AIC) if the requester can (i) show that an initial request for information was submitted in accordance with the required procedures set forth in the policy and (ii) either provide a reasonable argument that ADB has violated the policy by denying access to the requested information or make a public interest case as described in paragraph 18 of the AIP to override the policy exception(s). A request for review may be submitted in writing to the following:

Access to Information Committee
through the Information Access Unit
Office of the Secretary
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila, Philippines
or by email

Appeals to the AIC must be submitted within 90 calendar days after the denial of the initial request. All appeals should contain (i) a description of the information originally requested and (ii) an explanatory statement that sets out the facts and the grounds that support the requester’s claim that ADB violated the policy or that the public interest override applies.

The appeal will be acknowledged within 7 calendar days and a decision will be given no later than 30 calendar days from receipt of the appeal. Requesters are notified if the appeal is dismissed (i) for a failure to file within the required time, (ii) for a failure to provide sufficient information that would reasonably support the appeal, or (iii) because the AIC does not have authority to consider the matter being appealed.

Second Stage of Appeal: Independent Appeals Panel

If the AIC upholds the initial decision to deny a request for information, and the requester still believes that ADB has violated its policy by withholding the information, the requester may file an appeal in writing to the Independent Appeals Panel (IAP). The IAP has the authority to uphold or reverse the decision of the AIC. Its decision is final. Appeals may be submitted in writing to the following:

Independent Appeals Panel
through the Information Access Unit
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila, Philippines
or by email
or fax to +63 2 636 2481

Appeals to the IAP must be submitted within 90 calendar days after the AIC’s decision to uphold ADB’s initial decision to deny access.

The appeal will be acknowledged within 7 calendar days and considered within 45 calendar days. Requesters are notified if the appeal is dismissed (i) for a failure to file within the required time, (ii) for a failure to provide sufficient information that would reasonably support the appeal, or (iii) because the AIP does not have authority to consider the matter being appealed.

The IAP does not have the authority to consider appeals concerning (i) decisions made by the Board of Directors or the President if the appeal is based on the public interest override or (ii) decisions by the Board of Directors to use its prerogative to restrict access to information normally disclosed by ADB.

The IAP comprises three external experts on access to information. The ADB President appoints its members with the approval of the Board of Directors.